Summary

Doctor claims unfair discrimination dismissal by Mpumalanga Provincial Dept of Health, linked to providing AIDS treatment. AIDS Law Project statement on a case the organisation has taken to the labour court.

A Judicial Investigation into the Presidency and Health Ministry and criminal proceedings against Christine Qunta are necessary.

SUMMARY

"34. (1) A person desiring to initiate or conduct a clinical trial
in respect of an unregistered medicine, a new indication or new
dosage regimen of a registered medicine or substance, shall apply to
the Council on a form determined by the Council for authority to
conduct such a clinical trial”.

“(5) No person shall conduct clinical trials referred to in
subregulation (1) without the authorisation of the Council.”

The Minister of Health has made statements to the media that the Department of Health has long been prepared to implement dual therapy regimens in all the provinces in South Africa, but has been prohibited by the 2001 Constitutional Court judgment in Minister of Health and Others v TAC and Others. She states that the judgment limited the Department of Health to implementing only 'monotherapy' nevirapine (NVP) to mothers with HIV to reduce mother-to-child transmission.